All Posts by Walter Orechwa

The best way to convince employees they don't need a union is to address the main reasons they consider unionization in the first place. Still, you must treat them with emotional intelligence. It sounds simple, but too often, employers panic at that the thought of unionization rather than focusing on the real issues. Ideally, employers should utilize the expertise found at a company like UnionProof to help them keep unions out by doing what they should to enhance employee engagement through targeted actions that clearly make unions unnecessary. Sometimes, despite all efforts, employees will decide joining a union is the right thing to do for many reasons, such as believing unions will deliver future job security and compensation increases, even though they cannot. 

Proving You Care

In practice, convincing union and non-union employees they don't need a union requires very similar approaches. Keep in mind employees in a union workforce can decide to vote for decertification when the bargaining agreement expires. It is never a "done deal" that cannot be undone. For the workforce that hasn't unionized and the unionized workforce, your goal as an employer is to make unions unnecessary by demonstrating you do care about employee challenges, employee-management relationships, and transparency. 

The rallying cry of unions is that employers "don't care."

Employers "don't care" if employees:

• Are paid competitive wages and paid enough with reasonable work schedules
• Have a voice in the workplace as input into management decision-making
• Get treated with respect
• Feel like their supervisors are approachable to discuss concerns or personal challenges
• Work in unsafe conditions
• Need flexible benefits because one-size does not fit all
• Expect businesses to be socially and environmentally responsible
• Do not like the promotion process

Each employer has a different set of employee issues to address. One employer may need to upgrade their employee communication system so workers can utilize technology 24/7 to submit questions, offer feedback, contribute input for decision-making. Another employer may need to proactively address safety issues or review and amend compensation and benefits programs. It could be one issue, multiple issues, or all issues.

Convincing employees to not join a union includes addressing the specific promises unions make. Unions tell employees whatever they think will have the most impact. Those issues change as the workforce demographics change. Baby boomers did not spend a lot of time talking about the employer's respect for them. They focused mostly on wages, benefits, and safety. Millennials and Gen Z have brought a whole new perspective on the role of the employer in employee lives. The younger generations want to work for a company that respects their values and time and meets their needs through flexible work schedules, more training and development opportunities, and recognition. 

Recognizing the Emotional Aspect

Most employers need to strengthen the training and development for leaders because employees expect to work for leaders who are effective listeners, possess emotional intelligence, respect the efforts of employees, and are transparent and honest. One of the biggest challenges employers must understand is that unions are not always logical. They base many of their arguments on emotions. This is why an employer can prove the compensation schedule is very competitive, yet hear employees say they don't make a living wage. You might point to the many safety improvements the company made but still listen to employees say the workplace is hazardous and that you don't care.

A woman started an online group called The Emotional Labor Union. It's not a formal labor union, but millennials are increasingly joining forces in a variety of ways by using technology. The purpose of the group is to "amplify the voices and experiences of women through curated feminist topics." The choice of the words "labor union" is intentional, and the values touted are based mostly on emotion – voice as power, community, strength in numbers, and feminism as self-care. The AFL-CIO website promotes their real labor union as "an expression of the hopes and aspirations of the working people of America." It goes on to say, "We resolve to fulfill the yearning of the human spirit for liberty…"

Relationships Have Always Mattered

It's essential to understand the emotional aspect of unions and the changing needs of a multi-generational workforce to present a convincing argument against unions. Here is the real challenge for employers: they have to stick to the facts when talking about unions and show they care. The use of emotions by unions is not new, and neither is the employer's struggle to convince employees a union isn't necessary by communicating the facts while recognizing the emotional turmoil many employees experiences.

In 1956, the Law School at Washington University published a paper titled The Aims and Objectives of Unions and Management in Relation to Each Other, and it clearly demonstrates that some things simply don't change. John Stockham writes:

"While I do not by any means decry sincere efforts to establish mutuality of understanding and constructive relationships, I feel that we must be aware of the realities existing in the ordinary union-management relations. Regardless of the ultimate ideal, lawyers must concern themselves with the aims and objectives as they relate to particular situations and to specific management and union personalities. Of course, there should be constant, intense efforts to improve relationships, but such efforts, like pious preachments, will be meaningless unless the relationships' real nature is thoroughly understood. It is impossible to generalize the objectives of either party in any particular situation because many variables affect the relationship. These variables include the general economic and political climate, the economics of the company, the industry, the community, the history of the relationship, the personalities involved, technological developments, and many others." 

Understanding the Nature of Relationships

Incredibly, what Stockham wrote over 64 years ago could have been written today. Just substitute the word "employers" for "lawyers." Improving relationships relies on understanding the real nature of the relationships. Employers who are already unionized and employers who want to stay union-free must strive to understand the true nature of the employee-union relationship, and it often comes down to emotions. Are your employees feeling insecure or anxious about the future, the political climate, something in the community, and/or technology impacts on jobs?

Finding the Fact-Emotion Balance

Some of the ways to achieve the balance of talking about "just the facts" of unions as prescribed by law while strengthening employee engagement include the following:

• Publish and maintain a union-free website that presents the facts about the company and the facts and the impact of unions on employees and their family members
• Publish videos of unions demonstrating their intense emotional and disruptive behaviors, like strikes and protests, negatively impacting the business and the community
• Train managers and supervisors in effective communication best practices, like active listening which includes constructive feedback
• Help managers and supervisors with understanding emotional intelligence in themselves and in employees
• Be open to employee questions about unions, and ensure your leaders know how to discuss unions without violating the law while conveying understanding 
• Regularly recognize employee efforts and achievements
• Create an organizational culture of honesty and respect

Paychex did a survey and found that people with high EQs have values like honesty, respect, dependability, reliability, open-mindedness, compassion, and intelligence. Imagine a workplace where employees are afraid to ask for time off for caregiving elderly parents or feel like they will experience retribution if they mention unions. They may be well compensated, have good benefits, and feel safe and secure, but they also believe they aren't respected, and managers are not open-minded.

Quality of Leadership

UnionProof wants employers to understand that emotions play a big role in unionization and also wants employers to understand that the quality of leadership communication with employees is often a deciding factor in whether employees choose to vote or not vote for a union. We could stop by saying that you can present all the facts about unions and that your company can make a clear case for staying union-free. Unfortunately, your employees could still vote to unionize. It's usually because management has created an organizational culture that dismisses employees' feelings and hasn't developed leaders who understand and can leverage the emotional side of employees. The bottom line is, you didn't listen.

Before a union appears, begin developing the culture built on emotional intelligence. If the union is already in place, begin developing the culture built on emotional intelligence. Do you see the pattern?

According to the U.S. Department of Labor's Bureau of Labor Statistics, union membership continues to drop, year over year. The relevance of unions just isn't what it once was. However, that doesn't mean your company won't be faced with union authorization card signing or a full-blown organizing drive. Even if the process has already begun, there are still steps you can take to respond to union organizing before it goes any further. The key is to be proactive. You can make your situation better by connecting with your employees. Here's what you need to know.

Build a Culture That's Union-Proof

In the past, "union avoidance" involved reactionary tactics that were often heavy-handed. However, new rules have made this an outdated approach to due to shortened time. The National Labor Relation Board's (NLRB) 2015 "Ambush" Election rule shortened the time for the campaign period -- time the employees have to consider unionizing -- from 70 days to 42 days. That means employers have to be a step ahead in creating an organizational culture that's union-proof.

Responding to union organizing begins with creating that union-proof culture. By continuously monitoring and measuring the organization's risk and vulnerability of being unionized - while proactively engaging with employees. By understanding your risk and preparing materials in advance, you can be confident that you're building a union-proof culture.

Stay Informed

Once you have a clear assessment of your company's vulnerability, you'll need to proactively gain an understanding of the law and labor relations issues.  Keep up to date with the current developments. This gives you an excellent foundation for designing a protocol, including producing campaign strategies and tools that are ready for use when you need them, rather than waiting and reacting under pressure. Staying informed can even help you predict the potential for organizing activity by alerting you to what unions are organizing, in what industries, and what geography. Information can be one of your most valuable assets.

Embrace Holistic, Company-wide Labor Relations Training

In order to respond to union organizing properly, you've got to give your managers and leaders the right training. The best union-proof training will make sure they're prepared and know how to handle the situation if they are presented with union authorization cards.  Get them ready by providing them with effective and efficient training. Ensure they know and understand the FOE (Facts, Opinions, Examples) and TIPS (Threats, Interrogations, Promises, Surveillance) rules. For example, your supervisors should understand that it's illegal to spy on union activity (surveillance). Supervisor training should include both proactive and reactive skills, such as with the course Supervisors Can Keep You Union-Free.

You may also wish to be even more proactive, and consider generalized leadership training, such as A Better Leader. This online course allows you to choose the topics your leaders need most and design a learning plan to address those needs. From conflict management to addressing change, to union-proofing, this type of program takes a positive, proactive approach.

Finally, if you've got a labor relations team (or if you yourself are in need of additional labor relations knowledge), becoming UnionProof Certified may be the best option to help your company stay union-free.

Be Transparent

If you want to build trust and loyalty with your employees, opt for an approach of transparency. Acknowledge the mistakes the company may have made - and confront them head-on. This builds engagement and trust. When you provide your employees with an explanation of how you plan to improve the situation so that these mistakes are reduced or eliminated, they're less likely to turn to an outside party - like a union - to address their concerns.

All that said, don't make promises you can't keep, or the speed at which the changes may come. The goal is, to be honest and realistic about what you can achieve with your resources and time.

Embrace Early and Frequent Communication

Don't wait until the last minute to communicate with your employees about issues or what union representation is about so that your employees don't feel slighted. Discuss these matters early on and educate your employees on the union that is trying to organize them. Share with them the unions' finances, dues, and membership requirements. Leverage technology as an educational platform, and communicate with employees via videos in meetings and online. Provide custom content, including a website and online video content, to demonstrate your care and concern for their interests.

Regardless of the unionizing process has begun, you can take the necessary steps to proactively avoid and respond to union organizing. It comes down to being an organization that your employees trust and choose to work for. By applying these union avoidance tactics, you can set up your organization for success.

“School’s out for forever!” sang Alice Cooper back in 1972. Who would have thought he would be a bit prophetic? Today children, teens, college students, and adults don’t learn primarily by sitting in a room for hours listening to in-person lectures. In fact, this is an important reason why organizations can use social media during union organizing at their workplace. Employees use technology to watch pre-recorded webinars and videos at their convenience. They listen to podcasts; complete eLearning courses; communicate with family, friends, and coworkers via a variety of social media technologies; and search the internet whenever they need answers. They Facetime, post videos on Facebook, send tweets via Twitter, share pictures on Pinterest and Instagram and join websites offering free newsletters delivered via email.

All this happens on people’s own time, at their convenience, and without regard to location. Employers need to let “school out,” meaning old-fashioned meetings where people must either stop what they are doing or attend outside work hours should be “out forever” as a regular means of communication. Email is still used, but it should not be the only form of communication. During a union organizing campaign, regular, effective, updated, engaging, and informative employer communication with employees is crucial to winning.

Giving Employees a Louder Voice

Companies have long used video and websites to powerfully connect with team members during a union organizing drive. One of the greatest opportunities to communicate immediately and effectively is through social media channels. Setting up a private group on Facebook group, and other popular social media sites, posting regularly, and using links to company webpages are one of the most under-utilized communication strategies.

Bottom line: You need to fully embrace social media as a communication tool and supplement it with strategies that drive employees to the appropriate social media accounts. You need a well-thought-out social media campaign that meets the union organizing campaign head-on.

The unions have already figured out how to utilize social media to organize and communicate with people. They use it to give employees a voice, which is a powerful strategy when you consider one of the top reasons employees decide to start a union campaign is because they believe they have no voice in management decision-making.

Embracing the new communication process to reach employees is critical to ensuring employees are not guided solely by the unions. Managers must “out social media the unions,” so to speak, but in a way that increases employee engagement and is not seen as an attack of the evil employer on unions. A social media strategy during union organizing begins with understanding the social media channels and selecting the ones that best fit the workforce demographics and the ones they are most active on now.

Matching Social Media to Demographics

Just to give an idea of what is happening in the social media world, the following is a sample of statistics on social media demographics provided by two organizations tracking the numbers:

Per Pew Research:

• 69% of adults use Facebook and 73% used YouTube
• 37% of adults use Instagram
• 28% use Pinterest, 27% use LinkedIn
• 24% use Snapchat
• 22% use Twitter
• Snapchat, Instagram, YouTube, and Facebook are the most popular for the 18-24-year-old group
• Facebook use among teens is dropping
• People aged 30-49 primarily use Facebook and YouTube
• People aged 50-64 also use Facebook and YouTube, but fewer of them compared to ages 30-49
• Facebook users are trending toward older

Per SproutSocial:

• 79% of people aged 18-29 and 30-49 use Facebook
• Facebook usage among teens (the next generation of workers) is declining in favor of YouTube, Snapchat, and Instagram
• 67% of people aged 18-29 use Instagram
• 47% percent of people aged 30-49 use Instagram
• 23% of people aged 50-64 use Instagram
• 38% aged 18-29 use Twitter; 26% aged 30-49 use Twitter;17% aged 50-64 use Twitter

There are many more statistics, but the idea is to understand how your employees are getting their information.

Did you know the unions have posted pictures of union logos, flyers, strikes, and more on Pinterest? SproutSocial says 28% of people aged 25-30 use Pinterest and 35% of people aged 30-49 use Pinterest. Snapchat, on the other hand, appeals to 62% of people aged 18-29 and to only 25% of people aged 30-49. The unions are tech-savvy and reach out to younger generations in every way possible.

When developing a social media communication system, consider the following:

• Where your employees are currently active
• The current demographics of the workforce, what generations are represented
• The trending demographics of the workforce, i.e. are Baby Boomers retiring and Gen Z coming on board at higher rates
• The mix of social media sites that will have the broadest reach (if choosing one, think Facebook for now)

Making a Communication Plan

Once you decide on the best social media sites to utilize during the union organizing campaign, it’s time to develop a plan for the content to communicate to employees. Some of the information to post includes campaign updates with a positive perspective. The updates can discuss issues as they arise, provide factual information, and point out the good things going on and the company positives like benefits and open-door policy. It is also important to share the company’s union-free philosophy and use social media posts to reinforce the reasons for the philosophy.

The social media posts need to be regular and cover a variety of themes. People today are used to frequent updates – finding new information. Stale posts will lose the typical social media user very quickly. Rolling the themes for posts enables you to address a variety of topics and entices people to come back and read new information. For example, for several days you could post statistics on union finances, and the next few days discuss employee rights under the NLRA and then post about the cost of unionization, troubling clauses from the union’s constitution, employee and employer rights and so on.

Generous use of links is crucial because they drive reader traffic to the places you want your employees to visit. Links to your main union-free website, and other web pages addressing the employer’s union-free philosophy and responses to union behaviors, should be included on each social site you choose to use. The webpages can provide information about things like strikes, the cost of unions, information specific to the union involved, daily updates, additional resources, management messages, and a frequently-asked-questions page.

In reverse, your union-free website can include links to social media. The important point is to keep employee interests at the center of all content on social media and wherever the links take employees.

Direct Employees and Family Members to the Social Media Sites

Of course, you need to ensure your employees and their family members know that social media properties exist and that they contain valuable information. Employers can utilize a variety of tactics:

• Send letters to employee homes letting them know about your website and social media sources
• Hang posters throughout the facility
• Hand out or mail wallet cards or small flyers
• Post videos on the company’s union-free website explaining all the places where information is accessible
• Add social media link information to company newsletters
• Develop an app that employees can download on their mobile phones that leads to the locations of company information
• Text messages with information about the campaign that include links
• Hold brief informational department meetings (keyword: “brief” if you want to keep people’s attention)

There are some points to keep in mind. One is that employers can use an intranet or public social media sites. If using a public site, like Facebook, this is important to know: All the major social media sites now allow you to create private groups so that only your employees and managers can read what is posted.

Maintaining employee interest in social media posts, videos and the union-free website requires consistent effort. Maintaining social accounts daily and providing updated information wherever the links send to them is one of the best strategies. Give employees access to an internal feedback webpage where they can ask questions and get answers. This supports the open-door policy. Employers should never be afraid to directly answer employee questions. You also should not be afraid to talk about campaign issues.

Be Authentic While Using Social Media During Union Organizing

Maintaining authenticity is one of the most important principles of any communication process. The union organizers will make a lot of promises, and those promises will show up in employee questions and comments. Provide truthful legal answers because the truth is more powerful than the union organizer promises.

Even if your company is not currently involved in a union organizing campaign, the time to develop a social media communication system is now because it is an important way to engage employees on a regular basis. Social media is a powerful employee engagement tool when used correctly. Should a union campaign start later, you are already set up to respond quickly and regularly via technologies already in place. You can bet the union will already be using social media.

Understanding The Steps Unions Use To Organize Can Keep Unions Out

Unions are always rigorously searching for new opportunities across industries. Once, they primarily focused on blue-collar industries, such as construction and manufacturing but they have rapidly adapted to the transformed workplace, as jobs are redesigned to accommodate technology, and work schedules have become more flexible. Despite this adaptation, there are still some basic steps unions use to organize employees, and we're going to share those here today.

No longer confined to who they used to be, unions today target all types of employees, across all industries including salespeople, university instructors, and tech workers.

Reinforcing this effort is a National Labor Relations Board (NLRB) that spent the past decade writing new regulations and issuing decisions in a variety of employee complaint cases that have a bottom-line effect of making it easier for unions to find footing in organizations. The regulations and decisions also made it more challenging for employers to union-proof their workplaces.

Online, unions offer a wealth of information explaining the steps unions use to organize. They're experts at getting the proverbial toe in the door by enlisting employees to act as union champions. To keep unions out, employers must be fully informed, and ensure they have developed a positive workplace culture in which their employees are engaged through open and honest communication and feel free to bring concerns to management.

These Are The Steps Used To Organize

The first step is getting a bird's eye view of the union organizing process. The following are five basic steps from the union representative's first contact with employees to the signing of the union contract, and we will discuss each one in-depth below:

1. The union will spread its message inside the workplace.
2. The union informs the NLRB of interest in unionizing.
3. The union runs an organizing drive.
4. Union representation election is held.
5. Collective bargaining between the employer and the union.

Here is a more in-depth look at each step of the process:

Step 1: The union will spread its message inside the workplace

Unhappy employees can make the first contact with a union, or a union may initially contact employees. Either way, the union's first step is to create an internal Volunteer Organizing Committee, or "VOC." Once the union has an internal messenger, early leaders from all major departments and shifts that might fall within the bargaining unit are identified. They become champions of the union's cause, who evaluate workplace interest in unionizing, recruit co-workers to join the organizing campaign, solicit co-workers to sign union authorization cards (online or in-person), and direct contacts with a wider group of employees to identify potential workplace issues. It's crucial you fully understand worker rights before a union ever makes contact, so you know how to respond, should an organizing effort take root.

Step 2: The union informs the NLRB of interest in unionizing

Next, the union presents employee-signed union authorization cards to the NLRB, showing interest in unionization and petitioning for an election. The NLRB holds a hearing and sets an election date.

Another scenario at this point is that the union may wait until they get 50% +1 employee to sign authorization cards, and petition for recognition without an election. This method, called "card check" has become more popular as unions realize how difficult and costly it can be to hold the interest of employees over a prolonged organizing drive.

Read: A Manager's Guide to a Union's Demand For Recognition

Step 3: The union runs an organizing drive

So if the employer chooses not to voluntarily recognize the union, a period of time will be designated prior to the NLRB election, during which a campaign is held. During the campaign, the union will talk to employees about the benefits of unionization. The employer is legally obligated to provide the union with a list of all employees in the designated potential bargaining unit, including their contact information. No employee is allowed to "opt-out" of this list.

Also during this time, the employer should begin educating employees. This can include information on employees' legal right to remain union-free, and specific information on the union trying to organize them. With more information in hand, many employees lose interest in union representation. Remember that you, as an employer, also have rights and responsibilities during this time and it's critical that employers know what they can or cannot do or say.

Step 4: Union representation election is held

Next, based on the NLRB's timeline, a secret ballot election is held. Employees may vote in person, or via mail-in ballot (usually for industries where employees are rarely on-site, such as trucking). The election may take place in a single day or maybe over a multi-day period (for larger bargaining units or those who do shift work and aren't on-site daily).

The ballots are then counted by an NLRB representative, with both a union representative and a company representative present. If there are no challenged ballots (for example, an employee who may be classified as a supervisor who mistakenly voted, or one whose status as part of the bargaining unit is in question), the votes are tallied and the union is either certified as the employees' bargaining representative or the employees remain union-free.

Step 5: Collective bargaining between the employer and the union

If the union is certified to represent your employees, you are legally required to negotiate in good faith. Negotiations cover all aspects of employees' work lives - things such as wage rates, work schedules, resolving disputes, workplace safety, benefits, and dues. Bargaining can take any length of time, and as long as the employer bargains in good faith, there is no legal obligation to agree to any contract.

If the union and the employer agree on a contract, employees will then vote to accept or reject its terms. If the union, the employer, and the employees cannot agree, the union has just 3 choices: give up, give in, or go on strike.

Of course, it's much easier to develop a UnionProof culture through positive employer-employee relationships and effective leadership. This requires highly effective and consistent communication and employee training to inspire true engagement. Be sure to share the positive aspects of working for your company - like benefits or flex-time working schedules - and to fully explain the consequences of joining a union, such as loss of control, an obligation to pay dues, and the very real possibility of going out on strike. Employers can easily stay connected to employees, no matter where they work, through online and mobile training videos, interactive eLearning opportunities, and custom websites. It's an investment guaranteed to bring long-term returns.

"Go ahead and sign the union authorization card now, so we can send a message to your employer that you aren't going to take it anymore," says the union representative to the employee. "It's not a permanent commitment because we still have to hold the election, and you can vote however you want when the time comes." So the employee signs the card and later wonders, “How can I get a union authorization card back?”

The situation above is not uncommon. At UnionProof, we are focused on building strong corporate cultures where unions are unneccessary. We offer companies trusted, innovative, comprehensive, employee communication resources that keep them union-free while inspiring and motivating their employees.

We understand that difficult situations in the workplace may come up where your employees feel a union could be an option. Our hope is that by writing this, you will be fully informed on how your employees can get their union authorization card back if necessary. You should feel confident educating your employees on their rights as well.

A Union Needs 30% To Start The Petition-To-Election Process

A union needs at least 30 percent of employees in a bargaining unit to sign a union authorization card. That is the magic number for starting the union election process. This begins when the union petitions the National Labor Relations Board for an election.

There is also an alternate path to unionization called "card check". The union can try to convince the majority (50 percent plus one employee) of employees to sign an authorization card. In that case, the union can demand recognition, meaning the employer is asked to voluntarily recognize the union without an election. If the employer agrees, the union becomes the bargaining representative for six to twelve months before its status can be challenged.

So, of course, the union wants to try and get over 50 percent of employees to sign the cards. It isn't difficult to imagine the pressure placed on employees by union representatives and their coworkers who support unionization. It's what employees may not know that really matters.

Your pressured employee may sign a union authorization card and then have second thoughts. Some employees change their minds because they discover they don't really need the union. The employer simply needed to share more information about the full impact and cost of unionizing. Other employees are just uncomfortable supporting the union after they learn more about their operations and behaviors. There will be employees who believe they made a rash decision just to get everyone to leave them alone.

Make Sure Employees Know Their Rights

Your employee was under initial pressure to sign the union authorization card. This means your supervisors and managers should understand that the pressure to convince your employee not to revoke the signature will be just as intense. 

The employee may ask how they can get their union authorization card back, but the union is unlikely to honor the request. The union representative may say, "You can't have it back," or "It's too late." What then?

The first step is to make sure your employee knows he or she can put the request in writing and send it to the union. The letter will say the employee is canceling and revoking the signature, card, or authorization given to the union. Be sure to name the specific union.

Signing and dating the letter is important, and a best practice is to send it through the U.S. Post Office and request a signature and return receipt. Paying a small price for proof of delivery prevents the union from claiming it never received the letter. Labor law professionals also recommend sending a copy of the letter to the National Labor Relations Board and even the employer, to keep the union honest.

Your Employees Can Revoke Their Signatures

An employee has the right to revoke any signature on a union authorization card or petition (a group of employees). In a somewhat opposite situation, an employee may sign a petition to withdraw union support at the end of a contract which can trigger an "anticipatory withdrawal" of union recognition by the employer. The employee could decide to revoke his or her petition signature before it gets to the employer, believing the signature was forced in some manner.

In the 2019 Johnson Controls case, the NLRB determined that proof of a union majority loss must be unequivocally clear before an employer can withdraw recognition of the union without liability. Petition signatures that can lead to an anticipatory withdrawal or a decertification election have real value for the employer. In 2018, there were 337 decertification petitions filed, and 159 led to elections. Of the 159 elections, the unions won 50 times and lost 109 times.

The employees who don't want to publicly revoke their signature out of fear of union or coworker harassment need to understand that they aren't obligated to vote for the union. Voting is confidential. Make sure employees know that actually voting "no" is important and not just abstain from voting. The election results are based on the total number of people who actually vote, not total number of eligible voters.

Inform - But Don't Ask or Assist

To avoid unfair labor practice charges, as an employer, you must be very careful about what you say and do. You can inform your employees about the process for revoking a signature. You can't ask or encourage your employees to do so. It must be made clear that employees can and should make their own decision without interference, pressure or harassment by the union or the employer.

If an employer appears to be interfering in the employee's right to freely decide, the revocation will be disallowed. Employers may make employees believe there will be some kind of retribution if they don't revoke their signatures. The same applies if an employer promises some reward if employees get a union authorization card back, like raises or special events.

In an Ohio food processing case, the employer circulated a flyer, telling employees they could withdraw their signed authorization cards from UFCW (local 75). The employer then included a “revocation form” they could complete and return to the union. 

Because the employer had engaged in previous egregious unfair labor practices (ULPs), the NLRB decided the company could not tell employees how to get their union authorization card back. This ultimately created an atmosphere of fear. Validated ULPs can haunt an employer in many ways, including when employees want to get a union authorization card back.

RELATED: "CONTROL+Z: GET YOUR UNION AUTHORIZATION CARD BACK"

Stay Within Legal Guidelines

It's almost impossible to predict how the NLRB or an Administrative Law Judge will decide cases. Trends change with each new board appointment or new administration. It proves once again that your leaders must have a deep knowledge and understanding of legal ways to stay union-free. They must also keep the workforce fully informed of their rights without conveying any sense of coercion. This is why so many companies are using video, web and eLearning solutions on a routine basis to connect with the workforce.

Engage your employees on a regular basis and develop positive employee-employer relationships. You'll be much less likely to have to deal with union authorization cards in the first place.

Employees can be informed of how to get a union authorization card back. It's everyone’s right to be fully informed of their choices and the correct, legal actions to take. As their employer, be sure you let them know their rights in a legally acceptable way.

Unions are experiencing a surge of new interest, as they promise security and safety to workers shaken by the uncertainty of today's economy.  Is your company at risk of unionization, and if so, would you even know it? Today, we've got seven simple steps to keep your company union-free. Being aware that trouble could be looming is the first step, but - it's what you do next that matters.

Projections, Inc. has had decades of experience helping companies to overcome challenges with employee engagement and retention, and believe in the importance of developing a positive employee relations strategy to stay union-free. In that time, we've had the honor of working with thousands of companies, reaching millions of employees, helping to build better leaders, improve engagement, and keep organizations union-free.

Proactive, Not Reactive

It's within your ability to maintain a workplace that is not vulnerable to unionization. The key is making your employees feel as though they have a voice -- after all, who wants to work for a company when they feel as though they're an outsider? In fact, many employees rate feeling 'in on things' as their #1 factor for job satisfaction. The importance of a positive employee relations strategy, where employees feel heard, respected, and appreciated cannot be downplayed. We've previously shared some employee relations best practices you can utilize to stay union-free.

Whether you become more accountable or implement a grievance procedure plan before any issues arise, the actions you take today could significantly influence your company's vulnerability to unionization. Always keep this in the back of your mind: proactive, not reactive.

There's no better time than today to take these seven steps to keep your company union-free.

Step #1: Train Your Leaders

The first of the steps to keep your company union-free is to provide your frontline leaders with the skills and knowledge they need to maintain a direct connection with your employees and take action when necessary. Trained supervisors are more confident and able to address questions about union organizing. When employees trust that leaders have their best interests in mind, and trust the factual information their supervisor provides, they're less likely to turn to a union to get the information they need.

Don't expect your leaders to become labor relations experts, but training them on the basics of positive employee relations and what to do in a campaign situation provides everyone with peace of mind. Be sure to include the TIPS and FOE rules in any training you provide.

Consider an ongoing training resource specifically for the purpose of connecting with leaders who have daily employee contact. An online toolkit can provide consistency and the information your leaders need to keep YOU informed as well. This leader-facing website can help your teams recognize, respond to and discuss any signs of employee disengagement or union activity before it's too late.

Step #2: Communicate Regularly

When you're informed, you're at an advantage. In many cases, small unresolved issues create a negative snowball effect. What may have been resolved easily at first can spiral out of control based on employee frustration. After all, one of the greatest supervisor-controlled conditions that influence unionization is a lack of awareness.

As an employer or manager, understanding employees' concerns before they arise is the second of the steps to keep your company union-free. If individuals have already come to you expressing their concerns, listen to them and respond accordingly. The worst thing you can do is fail to acknowledge their concerns. The best thing you can do is strengthen the relationship you have with your employees.
Maintain an open-door policy where employees know they can come to management with any questions, concerns, or simply a conversation when they need to.

If you're not aware of any ongoing issues, seek feedback from your employees. Ask them for their opinions. You can speak with them directly or offer an anonymous survey. At the end of the day, if you're rigid and disregard any new ideas suggested by your employees, you will likely see a change not only in their attitude, but work ethic.

Step #3: Maintain a Safe & Socially Responsible Working Environment

The reality of the situation is that, in order to organize workers, unions can and do exploit certain types of employees and companies -- so don't give them a reason to. The third of the steps to keep your company union free starts with how you run your company in terms of safety. This is a factor that's directly in your control, and can be addressed proactively and visibly in order to optimize your employees' work environment.

If employees stress the fact that they do not feel safe under certain conditions, it's the Company's responsibility to address these concerns. In addition, in order to go above and beyond, seek awards and training programs that reinforce the importance of safety in the workplace. Show your staff that they have the right to work in a safe, fair and secure environment.

Addressing employee safety is closely tied to corporate social responsibility. Be sure that you're communicating the ways in which your company is caring for the needs of the community, as well as the needs of employees, and don't give unions any reason to call your company's integrity into question.

Step #4: Be Pro-Worker

Many employers and managers approach the issue of unionization reactively. But the next item in your steps to keep your company union free is to always keep your employees' needs in mind. In the face of a union organizing effort, instead of creating a positive work environment and highlighting the needs of employees, many companies immediately begin to attack the opposition -- in this case, the union -- often alienating workers in the process.

Without realizing it, you may inspire unionization through your own actions. If you hear "union talk" during working hours, this will be your first red flag. How you approach this information could make or break your desired outcome. Don't start making demands because you're the boss and fear change -- request the attention of your workers to speak in a constructive manner.

Of course, you need to take a stand and remain authoritative, but you'll also want your leaders to focus on a respectful and supportive approach. Show your workers that you appreciate the work they do. This can be as simple as giving recognition where it's due and celebrating achievements.

Step #5: Educate Your Employees Based On Your Experiences

You and your leaders can legally inform your employees based on any prior experience you have had. It's important for your employees to hear both sides of the issues -- so that they are not making decisions with half the information they need. After all, it's important that they know that union promises are no guarantee of improved wages or working conditions.

If at any point a union representative has approached your employees and you've become aware of untrue statements, take a stand. Call a meeting and address any misleading facts, setting the record straight. Be open to questions and remain calm. You want to show your employees that you're on their side. Also, highlight the fact that union dues could be deducted from their pay -- especially if wages are an ongoing issue.

Step #6: Know How to Recognize The Signs

If you notice that there are early warning signs of possible union-organizing, this is the time to step in. Do not wait until the union gets involved before speaking to those involved. Knowing is half the battle, so be aware of the following:

• More activity than usual during employees breaks or lunches.
• Increased employee gatherings that tend to break up when supervisors or manager approach them.
• An increase in employee after-hour gathering.
• Changes in employee complaints -- whether in terms of the nature of their complaints or the frequency.
• Complaints being made by employee representatives.
• Former employees hanging around the premises, especially those who were discharged.
• Signs that the union has been speaking with employees -- for example, cards or leaflets left on the premises.

Of course, the ultimate goal is to be proactive, before any serious complaints arise. With that being said, in the event that you notice any of the early warning signs listed above, a rapid reactive approach is recommended. Immediately publicize an open-door policy, encouraging employees to speak with you.

Step #7: Make It Part of Your Culture

It's not enough to "inoculate" employees during their new hire orientation. It's a great start but it's vital to frame your UnionProof Culture as part of who you are as a company. Encourage regular communication. Educate your HR Team on what it takes to support employees. Make sure your UnionProof Culture is woven into every step of your Employee Engagement Journey.

Next Steps

Creating this kind of involved, focused and positive environment can seem daunting. But with the right communication resources and a focus on taking excellent care of your team members, you can keep your company union-free. If you need resources to empower and educate your leadership, support your employees, and to help build a positive culture where unions simply aren't necessary, Projections would love to help! Contact our team today, and we can discuss your specific goals.

You may suspect your employees are talking to union representatives and each other about unions. There could be nothing specific to point to, but business leaders sometimes have a sixth sense that something is going on. Most discussions about unions revolve around employer and employee rights when they know union activity is taking place or an official union organizing campaign has started when a petition is filed with the National Labor Relations Board (NLRB). 

But what if its intuition through experience creating the suspicion? What can you do to find out if your employees are talking to union representatives or considering approaching a union? We'll discuss your options.

Just a Feeling

The NLRB provides a list of employer legal rights and obligations concerning union organizing. You cannot interfere with, restrain, or coerce employees in the "exercise of rights relating to organizing, forming, joining, or assisting a labor organization for collective bargaining purposes" according to the NLRB. You can't stop employees from talking about work conditions. Sometimes, there are clear signs your employees are talking to union representatives, like finding a union authorization card in the break room. 

If only it were as easy as finding union literature or a union authorization card laying around. Instead, the signs of early unionizing are often quite subtle. There's a group of people whispering in the break room, setting off your intuition that something is going on. The employee speaking to someone right outside your property before coming into work has the right to do so but makes you wonder what it's all about. 

The same three employees start challenging workplace policies, acting like they represent their coworkers. They could be very polite in their approach, but you wonder why these three people are acting like they are in charge.

Putting the Clues Together

You can't legally walk up to employees and ask them if they're thinking about unionizing. The law sees that as intimidation, even if all you want to do is find out the truth. Even if the employees don't see it as intimidating, the union will. 

The T.I.P.S and F.O.E. rules offer useful guidance during a union organizing drive, but what if there is no formal organizing drive yet? You just have a suspicion your employees have been approached by a union. What are the legal ways to learn whether your employees are talking to unions? 

Think of the game of Clue. Your mission is to collect the clues, put them together, and hopefully find out "who done it." As the detective, you want to engage employees in conversation and get them to share information.

Suggestions for Starting the Conversation:

• Take a dark website live (if not already) to reinforce management's perspective on unions and to share the reasons to not unionize (promote the website to motivate employees to visit it)
• Add a Frequently Asked Questions webpage to an existing union website and let employees know all questions are anonymous and encouraged
• Analyze the utilization statistics for the company's union website (looking for a sudden uptick in site visits)
• Analyze utilization statistics for the company's online policies (looking for particular sites suddenly getting more visits, i.e., policies on safety, grievance procedures, etc.)
• Hold meetings with employees on company time to discuss management's position on unions and encourage questions and comments
• Add a process for soliciting suggestions and feedback from employees on specific items that are commonly targeted by unions, i.e., work schedules, grievance procedures, benefits, supervisor abilities, etc.
• Share how the company's wages and benefits compare with other companies in the industry

The purpose of these suggestions is to get employees to talk because people almost always reveal themselves if they talk enough. You can also read between the lines. If employees use common union language to ask questions, they're probably talking to a union. 

For example, an employee uses the word "grievance" when asking about the process or "rank and file" to refer to coworkers or "unfair labor practice" to complain about something or anything. 

Going Social

You can also monitor social media. Federal laws do not prohibit employers from monitoring social media in the workplace. They can track emails, instant messaging, and internet usage on computers or other equipment owned by your company. 

You can also monitor public social media sites. Any information someone makes public, rather than limiting it to their social media friends, can be read by employers. In the connected world, younger generations of workers, in particular, seem to feel free to write things they wouldn't normally say out loud. It's one of the communication peculiarities of social media. 

The catch is employees have the right to protected concerted activity, which means they can address work-related issues, share information, and discuss unions on social media. You can monitor the posts and perhaps learn whether employees are thinking of unionizing. 

Even if there is no mention of unions, you may still gain insights into workplace issues that need addressing and are making your company vulnerable to unionizing - safety hazards, scheduling, objectionable promotions, a supervisor in need of communication training, and much more. There is a lot of value in online complaints.

Be Careful in Taking the Next Steps

Assume your intuition is right. Some of your employees are clearly interested in unions. It's time to work on union proofing your business. The first critical point is to NOT use the information to intimidate, harass, or threaten employees if you discover anyone is talking to union representatives. It's easy to make a mistake. For example, you can't legally tell employees any of the following:

• That they can't join a union or discuss workplace issues online or in public
• It's a big mistake to join a union because it could cost them their job
• They can't discuss joining a union during work hours or anywhere on the employer's property
• They can't discuss unions during non-work hours in now-work areas, like during lunch in the break room
• If they unionize, the plant will shut down
• They can't wear pro-union buttons, caps, or other symbols (unless it creates a safety problem)
• They can't send emails or texts discussing unions if you allow the sending of other personal messages through workplace systems while using workplace equipment
• To convince their coworkers into not supporting unionization
• They will get a reward if they stop talking about unions

You can educate employees about the benefits of being a member of a union-free workforce. The biggest mistake employers make is reacting rather than thoughtfully considering why their employees feel like they have issues or are talking to, or thinking of talking to, unions. 

Keep Employees Talking

One important step to take is reviewing current workplace policies. Your workplace policies need consistency and do not give unions an opening. 

For example, establish a bulletin board policy for posting meetings that don't specifically exclude union meeting notices while allowing other meeting notices. Establish a policy that prohibits the distribution of pamphlets or other types of literature in work areas and not just union literature. Develop a social media policy that explains you will monitor workplace social media and what is considered acceptable behavior. 

Be Proactive to Avoid Employees Talking to Union Representatives

Most of all, to stay union-free, strengthen employee engagement. Make sure all your leaders have good communication skills. Engaged employees know they can talk to organizational leaders about their problems and make suggestions for improvements. It's when employees stop talking that unions get louder. 

Projections, Inc. has purposefully developed both a toolbox for staying union-free and leadership training courses. If you become an employer of choice through quality leadership, you won't have to rely on your intuition about unions. If you need a solution for your workplace to help you remain union-free, don't hesitate to contact us!

"Union-busting" is almost the stuff of playground name-calling. Taken at face value, it trivializes the UnionProof culture that so many companies have worked to create. In today's global economy, companies strive to attract the best talent for their business and work hard to take care of those team members. Used during union organizing campaigns today, the term union-buster is actually being used outside of the context of its original meaning.

It's time to get rid of it.

Where Did the Term Union-Buster Come From?

The term union-buster dates back to Great Britain in the 19th century when workers were no longer prohibited from creating unions. It was a pejorative term back then -- unions used it in a negative way to describe employers and other people who opposed union efforts to protect over-worked, underpaid, and frankly, exploited, workers. But now, it's a term that's stuck around for more than 250 years.

The truth is, in the late 1800s and early 1900s, the term made sense. In those days, at the bargaining table, the goal truly was to protect profit at all costs and "bust" the union if necessary. During that time, stopping violent strikes and keeping people safe even took the form of police and even military intervention, something rarely seen today.

In the U.S. today, much of what unions used to address is taken care of through Human Resource departments (which of course didn't exist in the 1800s) and labor legislation such as the Railway Labor Act (1926), the Wagner Act (1935), Taft-Hartley (1947), and Landrum Griffin (1959). Employers today, therefore, see activities such as picketing, calling for a boycott, or a union waging a corporate campaign as an attempt not to protect workers but to negatively impact the business in order to collect dues.

In order to give strength to the union message, the definition of union-buster is no longer limited to describing violence against strikers or a refusal to bargain. It has expanded to describe any activities perceived as "unfriendly" toward unions or union organizing. However, one could argue that by applying the label "union-busting" to less dramatic efforts to remain union-free, it is actually losing the power it once had.

Why We Should Stop Using The Term Union-Busting

Union-buster is a divisive term, once meant to rally workers but now used to accuse employers who are often operating with the best interests of their employees in mind. It conjures up images of strike-breaking and suggests that those who champion a union-free operating environment are "bad guys" who will do anything to keep employees down, including violence or other illegal activities.  It implies a divide-and-conquer mindset, where union-free businesses and labor organizations are just out to destroy each other. But in a global economy, where companies seek out the best talent to help the business succeed, that kind of divisiveness has no place and will not help anyone succeed.

Today's union-free companies aren't focused on union-busting but instead on creating great companies where unions are no longer needed. This is where the idea of a UnionProof Culture comes from. More often, companies are intentionally creating a brilliant workplace, focusing on engagement and rewarding high performers. Employers want engaged teams, and an environment where every employee enjoys what they do and plays a leading role in the company's success story